IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4047 of 2006()
1. ERANJIKKAL FAIZAL BABU,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2006
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 4047 OF 2006
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Dated this the 19th day of December, 2006
ORDER
The petitioner is the 5th accused and faces the
allegations, inter alia, under Sec.376 of the IPC. He was
enlarged on bail as per order dated 19/10/2006 in
B.A.No.5976/06 subject to conditions. The conditions oblige
him to make himself available for interrogation before the
Investigating Officer on all Wednesdays between 10 a.m. and
11 a.m. till 25/10/2006 and thereafter, on the first working day
of every month till the trial is complete. The investigation is
not completed. The further conditions are that the petitioner
should not leave the State of Kerala till the trial is over and
that he must surrender his passport which shall be retained by
the Investigating Officer until the trial is over.
2. The learned counsel for the petitioner submits that
the investigation is not complete yet and the petitioner, who is
employed abroad and has to make visits to his place of
employment abroad, would be deprived of his livelihood if he
CRL.M.C.NO. 4047 OF 2006 -: 2 :-
were to remain in India till the trial is over. The learned counsel
for the petitioner, in these circumstances, prays that the
conditions imposed may be modified. It is further undertaken
that the petitioner shall make himself available for interrogation
before the Investigating Officer or the court as and when
directed by the court. Appropriate conditions may be imposed
to ensure his presence for the purpose of investigation/trial.
3. Having considered all the relevant inputs, I am
persuaded to agree that the conditions imposed can be modified
subject to appropriate safeguards.
4. This petition is, in these circumstances, allowed in part.
Following further directions are issued:
(i) The petitioner shall comply with condition No.(b) till
25/1/07. Thereafter, the petitioner shall make himself available
before the Investigating Officer or the court concerned on
condition that notice requiring his presence before the
Investigating Officer/court is served on one of the sureties to
be specified by the petitioner.
(ii) The passport issued to the petitioner shall be released
to him on condition that he shall produce the same before the
CRL.M.C.NO. 4047 OF 2006 -: 3 :-
court as and when directed.
(iii) The petitioner shall execute a bond for Rs.1,00,000
(Rupees one laksh only) with two solvent sureties each for the
like sum undertaking to comply with the above further
directions.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge